Witness summons
Also called: Subpoena (historical), witness order
A court document requiring a named person to attend trial to give evidence or produce documents.
Definition
A witness summons (formerly called a subpoena in the High Court) is issued by the court on the application of a party and compels a named person — who is not a party to the claim — to attend the trial to give oral evidence, to produce documents, or to do both. It may be issued even when the person has refused to attend voluntarily. The summons must be served personally and must be accompanied by conduct money (travel expenses and basic subsistence) for the day of attendance. Failure to comply without reasonable excuse is contempt of court. In the family courts the equivalent is a "witness order". The procedure is governed by CPR Part 34. Note: "subpoena" (meaning "under penalty") is the historical Latin term still used in US law; courts in England and Wales now use "witness summons".
In practice
Apply for a witness summons using Form N20 at the court where the trial is listed — at least seven days before trial. Serve it personally on the witness, accompanied by conduct money. If the witness claims privilege — for example, a professional asserting client confidentiality — they should alert the court promptly. The <a href="/glossary/privilege" class="body-link">privilege glossary entry</a> explains which communications may be withheld from disclosure.